Preston Hughes

Case overview

Preston Hughes III was convicted of capital murder for the killing of fifteen-year-old Shandra Charles and three-year-old Marcell Taylor during the same criminal transaction. A Harris County jury found him guilty of capital murder and, after a separate punishment proceeding, sentenced him to death.

The offence

At Hughes’s 1989 trial, the State presented evidence that Hughes stabbed both victims in the neck and chest, severing their aortas and jugular veins.

When police arrived at the scene, Shandra Charles was still alive. She told a police officer that a man named “Preston” had stabbed her after trying to rape her. After being attacked and stabbed, she died.

Hughes’s second statement described that, when “Shawn” and a little boy met him in the middle of the trail through the field, she told him that she was on her way to his apartment to borrow his contact lenses. Hughes said that when he told her she was not going to wear his contacts, she kissed him and then started rubbing his crotch. He described “heavy sexual activity” followed, which he said became unsatisfactory to him.

Hughes said that when “Shawn” demanded money, he refused, and she threatened to accuse him of rape. He said that when she hit him, he pulled his knife and began stabbing her. Hughes said that the little boy with “Shawn” looked up at him and started crying, and when the boy ran between Hughes and “Shawn,” Hughes stabbed the boy several times.

Investigation

Police discovered two persons—one still alive—in a vacant field in Harris County on September 26, 1988. The victims had both sustained multiple stab wounds, and the aorta and jugular vein of each victim had been severed.

Houston police officer Donald Hamilton spoke with Shandra Charles at the scene before she died. Shandra Charles informed Hamilton that someone named “Preston” had tried to sexually assault her and then had stabbed her.

Police went to an apartment complex approximately 100 yards from the vacant field. The police requested and received a list of apartment tenants from the manager. Appellant was the only person named Preston on the list.

Police went to Hughes’s apartment around 2:30 a.m. Hughes agreed to accompany the officers to the police station, where he later gave two written statements admitting that he had stabbed both victims.

At the scene and in the investigation narrative, Shandra Charles identified the attacker as “Preston.” A police interrogation and statement-taking process followed at the police station.

Arrest

Police arrested Hughes at 4:30 a.m. on September 27 after:

• the empty field where the bodies were found bordered the parking lot of the apartment complex where Hughes resided,
• Hughes was the only person living in that complex named Preston,
• the police learned at the station that Hughes had a prior sexual assault record and that he knew Shandra Charles, and
• Shandra Charles had claimed that someone named “Preston” stabbed and tried to sexually assault her.

Trial

Charges and verdict

On November 16, 1988, a Harris County grand jury indicted Hughes for the capital murder of Shandra Charles and Marcell Taylor.

On May 3, 1989, a Harris County jury convicted Hughes of capital murder.

Guilt-innocence phase

Hughes took the stand in his own defense during the guilt-innocence phase. He denied that he killed the victims, claimed that he was framed by the police, and testified that he confessed only because the police officers struck him and threatened him, causing him to fear for his life.

The jury found him guilty of capital murder.

Punishment phase

At the punishment phase, the State called Tracy Heggar, who testified that Hughes had raped her in 1985 when she was thirteen years old and that he threatened her with a gun to prevent her from testifying against him about the rape.

The State also presented evidence that, at the time of the murders, Hughes was serving two ten-year probated terms for the aggravated sexual assault and aggravated assault of Tracy Heggar.

Defense witnesses testified that Hughes was a good-natured, non-violent person, including six friends and his mother.

Hughes testified at the punishment phase, denied that he raped or threatened Tracy Heggar, professed sorrow for the deaths of the victims, denied that he committed the murders, promised the jury that he would not be violent in the future, and asked the jury to spare his life.

The jury gave affirmative answers to the special issues on deliberateness and future danger, and the trial court sentenced Hughes to death.

Sentencing

After affirmative answers by the jury to the two issues at punishment, the trial judge sentenced Hughes to death.

A separate punishment proceeding resulted in the jury sentencing Hughes to death on May 4, 1989.

Appeals

Direct appeal (Texas)

Hughes’s conviction and sentence were affirmed by the Court of Criminal Appeals of Texas on direct appeal on June 23, 1993.

The Supreme Court of the United States denied Hughes’s petition for writ of certiorari on June 6, 1994.

State habeas corpus applications

Hughes filed an application for habeas corpus relief, which was denied by the Court of Criminal Appeals on September 13, 2000.

Hughes filed a second application for habeas corpus relief, which was dismissed on November 14, 2001.

Hughes filed a third application for habeas corpus relief in state court. The Court of Criminal Appeals dismissed, in part, and denied, in part, the application on August 29, 2012.

On October 31, 2012, Hughes filed a fourth application for habeas corpus relief in state court. That application remained pending.

Federal habeas corpus

On November 21, 2001, Hughes filed a petition for writ of habeas corpus in the U.S. District Court for the Southern District of Texas, Houston Division. The federal district court denied Hughes’s petition on May 3, 2004.

The United States Court of Appeals for the Fifth Circuit rejected Hughes’s appeal on June 5, 2008, and affirmed the denial of habeas corpus relief by the district court.

Hughes filed a petition for writ of certiorari in the U.S. Supreme Court, but the high court denied certiorari review on May 18, 2009.

On October 13, 2012, Hughes filed a petition for writ of certiorari with the United States Supreme Court appealing the state court’s rejection of his third application for habeas corpus relief. That petition remained pending.

Execution scheduling and litigation in 2012

On July 18, 2012, the 174th state district court scheduled Hughes’s execution for November 15, 2012.

Hughes filed a civil lawsuit in the 127th district court of Harris County seeking a stay of execution.

On October 3, 2012, the Court of Criminal Appeals issued a writ of prohibition ordering that the district court judge refrain from issuing any order purporting to stay Hughes’s execution. The lawsuit remained pending.

On October 29, 2012, Hughes filed a motion in federal district court for relief from that court’s judgment denying habeas relief and a motion requesting that the court stay his execution. The court denied those motions on November 7, 2012.

Outcome

Hughes remained under a death sentence following direct appeal and subsequent habeas corpus proceedings.

Other details

Key quotations from the statements and final statement

Hughes’s first written statement included: “just started sticking with the knife.”

Hughes’s first statement included: “I was ‘f***ed up and I just got scared and kept sticking.’ ”

Hughes’s first statement included, as quoted in the narrative: “I was ‘f***ed up and I just got scared and kept sticking.’ ”

Hughes’s final statement included: “You know I’m innocent, and I love you both,” and: “Please continue to fight for my innocence even though I’m gone.”

Hughes’s final statement included: “Bye. OK Warden.”

Hughes’s mother, Brenda Johnson, stated: “Oh Preston I love you so much,” and: “I haven't touched my child in 23 years.”

Execution-related reported details (as stated in the included reporting)

Reuters reporting stated that Hughes was executed at 7:52 p.m. Central Time.

The Houston Chronicle reporting stated that Hughes was executed about 31/2 hours after the U.S. Supreme Court rejected appeals filed by his attorney to postpone the punishment, and that he died 15 minutes after receiving the injection.

A further report stated that Hughes was pronounced dead at 7:52 p.m. CST, 15 minutes after the lethal drug began flowing into his arms.

Prior criminal conduct introduced at punishment

During the penalty phase, jurors learned that Hughes had previously sexually assaulted a thirteen-year-old female and had threatened her with a gun to prevent her from testifying about the sexual assault.

At the time of Hughes’s capital murder trial, Hughes was serving two ten-year terms of probation for aggravated sexual assault and aggravated assault arising out of those incidents.

New York incident mentioned in trial history and appeals

The punishment phase record described that Hughes had been charged with first degree sexual assault of a sixteen-year-old female in Buffalo, New York, and that the charge was dropped after the victim did not appear in court.

In the direct appeal narrative, the record also included discussion of the State’s exhibit 50 and testimony/questions related to a rape incident in Buffalo, New York.

Evidence and trial argument quotations (verbatim excerpts included in the provided material)

In final arguments at the innocent/guilt phase, the prosecutor’s remarks included: “It’s inconclusive, I agree.”

The excerpt included: “Shame on me. We asked the chemist to test these things. They drug their feet around but they finally got it done. If they hadn't done it, you would be hearing lawyers up here saying, "Where's the scientific evidence? Where is it at?" We did the best we could. It's inconclusive, I agree.”

In punishment phase closing argument, the prosecutor’s remarks included: “I suggest to you that the testimony of [Tracy Heggar] alone is enough to put the needle in this man's arm. And for that little girl to be brought down here and for [appellant's attorneys] to put her on trial again is not right.”

The prosecutor’s remarks also included: “They [appellant's attorneys] have done nothing wrong. They're trying to protect their client. It's their job. It doesn't mean it's the right thing to do.”

Defense counsel objected, and the trial judge sustained an objection with the jury instruction: “Jury will disregard the last remark of the prosecutor and not consider it for any purpose whatsoever.”

Letter dated June 22, 2006 and response dated June 29, 2006 (verbatim)

Preston Hughes III wrote to Randolph A. McDonald: “Dear Mr. McDonald: I am writing to you today concerning a phone conversation you and I had several years ago, during the time you were appointed to represent me on appeal, concerning a certain piece of evidence that was used in the wrongful capital conviction against me. In that conversation you told me of a picture that depicts the pair of eyeglasses, that were admitted into evidence, at the crime scene where the victims in the case were found. I have not been able to obtain a copy of that picture because it, and other evidence that can prove my innocence and save my life, is being purposely witheld from me. I am now in the very late stages of my appeals and I can really use your assistance in helping me to save my life. I will gratefully appreciate your letting me know what it will cost me to have you provide me with a clear copy of the picture depicting the eyeglasses at the crime scene where the victims in the case were found. I will like to have a hardprint or hardcopy, NOT a xerox or photocopy. I will like to thank you in advance for your time and cooperation in the above matter. Your assistance is gratefully appreciated. I look forward to receiving a letter of response or visit from you to further discuss the above matter. Please do not hesitate to contact me. Thank you. Sincerely, Preston Hughes III”

Randolph A. McDonald responded: “Dear Mr. Hughes: I received your correspondence of June 22, 2006. I do not have the requested information that you asked for. I believe you might be able to obtain them from attorney Dick Wheelan. Please do not hesitate to contact me should you need further assistance. Good luck! Yours truly, Randy McDonald”

Listed procedural dates and court actions (as included in the provided material)

• November 16, 1988 — Harris County grand jury indicted Hughes for the capital murder of Shandra Charles and Marcell Taylor.
• May 3, 1989 — Harris County jury convicted Hughes of capital murder.
• May 4, 1989 — Jury sentenced Hughes to death after punishment proceeding.
• June 23, 1993 — Court of Criminal Appeals of Texas affirmed conviction and sentence on direct appeal.
• June 6, 1994 — U.S. Supreme Court denied certiorari.
• September 13, 2000 — Court of Criminal Appeals denied habeas corpus relief.
• November 14, 2001 — second habeas corpus application dismissed.
• November 21, 2001 — petition for writ of habeas corpus filed in U.S. District Court for the Southern District of Texas.
• May 3, 2004 — federal district court denied petition.
• June 5, 2008 — Fifth Circuit rejected appeal and affirmed denial.
• May 18, 2009 — U.S. Supreme Court denied certiorari review.
• July 3, 2012 — third application for habeas corpus relief filed in state court.
• August 29, 2012 — Court of Criminal Appeals dismissed, in part, and denied, in part, the application.
• July 18, 2012 — 174th state district court scheduled execution for November 15, 2012.
• October 3, 2012 — Court of Criminal Appeals issued writ of prohibition.
• October 13, 2012 — petition for writ of certiorari filed to U.S. Supreme Court.
• October 29, 2012 — motion filed in federal district court for relief and motion requesting stay denied.
• November 7, 2012 — federal district court denied the motions.
• November 15, 2012 — execution date scheduled in the material.